# C_2008166EN.01002201.xml

| 1.7.2008 | EN | Official Journal of the European Union | C 166/22 |
| --- | --- | --- | --- |

1.7.2008

EN

Official Journal of the European Union

C 166/22

---

Prior notification of a concentration

(Case COMP/M.5150 — UPM RUS/BRIST/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 166/08)

| 1. | On 20 June 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings B.R.I.S.T. Limited (‘BRIST’, Malta) and UPM-Kymmene RUS Holdings Oy (‘UPM RUS’, Finland), a wholly owned subsidiary of UPM-Kymmene Corporation (‘UPM’, Finland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a joint venture (‘JV’, the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 20 June 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings B.R.I.S.T. Limited (‘BRIST’, Malta) and UPM-Kymmene RUS Holdings Oy (‘UPM RUS’, Finland), a wholly owned subsidiary of UPM-Kymmene Corporation (‘UPM’, Finland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a joint venture (‘JV’, the Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.

1

| 2. | The business activities of the undertakings concerned are:






  — | for BRIST: a holding company ultimately controlled by Mr Mordashov, a Russian entrepreneur who controls a number of businesses in the steel and mining sector, banking, insurance, woodworking and solutions for effective power production, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for BRIST: a holding company ultimately controlled by Mr Mordashov, a Russian entrepreneur who controls a number of businesses in the steel and mining sector, banking, insurance, woodworking and solutions for effective power production,

| — | for UPM: a global forest products group with core businesses in printing papers, specialty papers, label materials and wood products, |
| --- | --- |

—

for UPM: a global forest products group with core businesses in printing papers, specialty papers, label materials and wood products,

| — | for JV: it will produce sawn timber, OSB and pulp in the Vologda region of Russia, as of 2010-2012. |
| --- | --- |

—

for JV: it will produce sawn timber, OSB and pulp in the Vologda region of Russia, as of 2010-2012.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

2

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5150 — UPM RUS/BRIST/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5150 — UPM RUS/BRIST/JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

(2)  OJ C 56, 5.3.2005, p. 32.

2

---